Legal Opinion

People v. Diaz

New York Supreme Court

Decided November 23, 1981PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Frederic S. Berman, J.

Can a human being — like a gun, drugs, clothing or photograph, among others — be introduced as an exhibit in a criminal case?

Curiously, that precise question has apparently not been dealt with in previous reported cases.

This rather exotic and interesting issue arose during a murder trial in which the defendant was accused of shooting to death one Ernesto Luciano outside the Tres Copas Bar in Manhattan on December 15, 1980. At the trial, defense counsel informed the jury during jury selection and in his opening statement that not only would the People…

2Cases cited8 opinions

  1. People v. ThomasNew York Court of Appeals · 1980
  2. Almeida v. CorreaHawaii Supreme Court · 1970
  3. People v. . KaminskyNew York Court of Appeals · 1913
  4. People v. ShieldsAppellate Division of the Supreme Court of the State of New York · 1981
  5. Bilkovic v. LoebAppellate Division of the Supreme Court of the State of New York · 1913

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. CrummSupreme Court of Kansas · 1982
  2. Lyons v. JohnsonDistrict Court, S.D. New York · 1996
  3. Kiser v. StateSupreme Court of Delaware · 2001
  4. People v. GradyNew York Supreme Court · 1986
  5. People v. GuntherAppellate Division of the Supreme Court of the State of New York · 1991

3 more not listed; retrieve them via the Exa API.

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